

The Trump administration has proposed eliminating the existing 60-day grace period that allows H-1B visa holders in the US to look for another job after losing employment. The proposal, titled ‘Eliminating the Discretionary 60-Day Grace Period’, is set to be published in the Federal Register. The Department of Homeland Security (DHS) said public comments will be accepted for 60 days. The move could have a significant impact on Indian tech professionals working in the US.
If approved, foreign workers could be required to leave the US immediately after losing their jobs, even if their H-1B visas remain valid, unless they obtain special authorization to stay. The proposal would affect E-1, E-2, E-3, H-1B, H-1B1, L-1 and O-1 visa holders, as well as TN nonimmigrants who currently receive the 60-day grace period. The provision was introduced during the Obama administration in 2016 to give workers time to change jobs. DHS estimates that 65,752 people who lost or changed jobs used the provision in 2025, compared with 80,034 in 2023.













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